## property question

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
shmoo597

Posts: 301
Joined: Sat Dec 13, 2008 10:31 pm

### property question

"O grants Blackacre to A for life, then to B if B reaches the age of 25 years."

This seems like a contingent remainder to me... Book is telling me springing executory interest. What am I missing here?

Leeroy Jenkins

Posts: 960
Joined: Sat Jun 07, 2008 10:19 pm

### Re: property question

Look to the actual definition of contingent remainder and you will realize.

shmoo597

Posts: 301
Joined: Sat Dec 13, 2008 10:31 pm

### Re: property question

Is it that it the grant says "THEN to B" - not "BUT IF B"?

Also I was asking for an explanation. I'm obviously looking at all the relevant distinctions and can't quite make the distinction.

shmoo597

Posts: 301
Joined: Sat Dec 13, 2008 10:31 pm

### Re: property question

Ok building off of that -

Is this a case where B has a contingent remainder, unless A dies before B turns 25, at which point it becomes a springing executory interest? Does this make sense?

eth3n

Posts: 284
Joined: Thu Jan 29, 2009 8:36 pm

### Re: property question

If B turning 25 cuts short A's life estate, then its a EI. (springing means it goes back to O before it goes to B right? whereas shifting would be directly to B? wow im fucked for property)

To me this looks like it is a contingent remainder, in my notes and multiple old outlines my wording for contingent remainder = "O to A for life, then B if..." whereas EI would be "O to A for life assuming/given/on the condition that, then to B"

I am also confused. Someone explain.

spondee

Posts: 462
Joined: Thu Feb 19, 2009 6:53 pm

### Re: property question

shmoo597 wrote:Is this a case where B has a contingent remainder, unless A dies before B turns 25, at which point it becomes a springing executory interest? Does this make sense?

Yeah, I think B has a CR, unless A dies before B reaches 25. Then, under modern rules, O has a reversion in fee simple subject to executory limitation and B has a springing executory interest.

shmoo597

Posts: 301
Joined: Sat Dec 13, 2008 10:31 pm

### Re: property question

spondee wrote:
shmoo597 wrote:Is this a case where B has a contingent remainder, unless A dies before B turns 25, at which point it becomes a springing executory interest? Does this make sense?

Yeah, I think B has a CR, unless A dies before B reaches 25. Then, under modern rules, O has a reversion in fee simple subject to executory limitation and B has a springing executory interest.

TITCR

Leeroy Jenkins

Posts: 960
Joined: Sat Jun 07, 2008 10:19 pm

### Re: property question

It isn't a contingent remainder. A contingent remainder exists if the person getting the property is yet to ascertained (not the case here) or it is made contingent upon some other nature event other than termination of ownership by death. This could be the case here, but if A dies before B turns 25, then the property reverts to O, and B's interest will cut short O's: springing executory interest because it cuts short O's interest in the estate.

crystalhawkeye

Posts: 671
Joined: Mon Feb 11, 2008 7:00 pm

### Re: property question

Leeroy Jenkins wrote:It isn't a contingent remainder. A contingent remainder exists if the person getting the property is yet to ascertained (not the case here) or it is made contingent upon some other nature event other than termination of ownership by death. This could be the case here, but if A dies before B turns 25, then the property reverts to O, and B's interest will cut short O's: springing executory interest because it cuts short O's interest in the estate.

Agreed.

Return to â€śForum for Law School Studentsâ€?

### Who is online

Users browsing this forum: No registered users and 4 guests